mitted, or to which it may be attached for judicial purposes, it shall be competent for the court before which such conviction was had, to commit the offender to the nearest jail in any other county, or to either of the forts of this territory, with the permission of the commanding officer thereof; and it is hereby made the duty of the keeper of such jail to receive the prisoner and in all respects so to proceed with him, as if he had been committed by the proper authorities of the county in which such jail is situated: Provided, That in all cases of conviction under the provisions of this chapter, when the person convicted is confined in the jail of any other county, or in any of the forts of the territory, the county in which such offence shall have been committed shall pay all the expenses arising from such confinement. The property real and personal of all persons convicted and confined under the provisions of this act, shall be liable for the costs of trial and expenses of confinement.
Sect. 3. All sheriffs, constables, and justices of the peace within this territory, are required, under the penalty of forfeiting their respective offices, to make complaint of such violation of the provisions of this chapter, as may come within their knowledge; and the judges of the several district courts in this territory are hereby required to give this chapter in special charge of the grand juries of the several counties in their districts.
Sect. 4. Any individual or individuals who shall violate any of the provisions of this chapter, may be prosecuted before a justice of the peace, by any citizen of the county; and all fines collected under the provisions of this act shall be paid into the county treasury for the support of common schools in the county, and the declaration or statements of Indians may be received before any of the courts under this for what they act, which declaration or statements may be considered as circumstantial evidence, and received for what they may be considered worth by courts and juries, as the case may be.
Sect. 5. This act shall take effect and be in force from and after its passage, and approval by the governor.
- Approved April 30, 1862.
